EB-3 Skilled or Professional Workers
The EB-3 Skilled or Professional Worker visa classification is broken down into three subcategories, which include skilled workers with at least two years experience; professionals with baccalaureate degrees; and, other workers with less than two years experience required for position. There is currently a backlog for EB-3 visas for aliens from every country.
Skilled workers are employees in positions that require a minimum of two years of training or experience. Labor certification is necessary for EB-3 skilled worker petitions, and the employer should carefully draft the ETA-9089 and the job offer in order to qualify the worker as skilled. The employer must consult the O*Net occupations to determine whether the position qualifies as a skilled worker position.
Professionals seeking EB-3 status must possess a baccalaureate degree or foreign degree equivalent, and the petitioning employer must show that such a degree is the normal requirement for entry into the occupation. Unlike the EB-2 immigrant visa and the H-1B nonimmigrant category, there is no provision authorizing degree equivalency based on education and experience at the EB-3 professional level.
Other workers include those whose positions require less than two years of higher education, training or experience. Although there was no backlog in early 2004, there has traditionally been a significant backlog for this subcategory.
Since 2002, USCIS has allowed for concurrent filing of the Form I-140 immigrant visa petition and I-485 adjustment of status application in certain circumstances. Concurrent filing is available if an immigrant visa is immediately available to the foreign national, or would be available if the visa petition were approved on the date of the filing.
Sometimes pursuing multiple employment categories at the same time is advisable. For example, an employer might file immigrant petitions for an EB-1 worker with extraordinary ability and an EB-2 national interest worker. Some employers pursue labor certification while waiting for a decision on a pending EB-1 or EB-2 petition. If your business is considering petitioning for a potential employee, contact The Nuñez Firm to discuss your options today.
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